MEDIA REPORT LOCAL BUSINESSMEN TO CHALLENGE ZDERA;

UNCLAS HARARE 001825 SIPDIS DEPT FOR AF/PD (DALTON),AF/S (SCHLACHTER) E.O. 12958: N/A TAGS: PREL PHUM KPAO KMDR ZI SUBJECT: MEDIA REPORT LOCAL BUSINESSMEN TO CHALLENGE ZDERA; HARARE ¶1. The lead story in the August 8 edition of the independent weekly "The Business Tribune" centers on an application by a consortium of unidentified local businessmen - allegedly "denied entry into the U. S. A. early this year under the Zimbabwe Democracy and Economic Recovery Act (ZDERA) - challenging the "constitutionality" of the Act under American Constitution. Under headline "Zim businessmen to take Bush to court," the paper reports: ¶2. "In a test case, a group of local businessmen denied entry into the U. S. A. early this year through a battery of travel sanctions imposed on selected Zimbabweans is suing the Bush administration. They are arguing that the measures are illegal because they violate a basic human right entrenched in American law - the right to be heard. The U. S., as punishment on President Robert Mugabe's government, imposed - under the ZDERA - travel sanctions on some Zimbabweans perceived to be close or aligned to the ruling ZANU PF party. Now the affected businessmen are taking the U. S. Government to court seeking an annulment of the legislation. "According to the court documents obtained by the `Business Tribune,' dated June 5, 2002 and prepared by a Harare law firm, the businessmen are questioning the constitutionality of ZDERA under the U. S. Constitution. `We need firstly an opinion as to whether generally the ZDERA is constitutional. That is whether in form, substance, and manner of enactment, there are any grounds on which the entire Act is or in particular Section 6, and the proclamation made under the Act are in violation of the U. S. constitution,' read the heads of argument. The business people are also challenging provisions of the proclamation of the Act, which suspend entry into the U. S. of `persons who through their business dealings with Zimbabwe government officials derive significant financial benefit from policies that undermine or injure Zimbabwe's democratic institutions or impede the transition to a multi-party democracy. . .' Furthermore, the business people want an opinion as to whether the Act, and more importantly the American constitution, does not guarantee the right to an objective process for a deliberate breakdown in the rule of law, politically motivated violence and intimidation. . .The business people want to know whether the U. S. Constitution protects foreign nationals where violations of the supreme law can be proven and, if so, what criteria and what practical steps must be taken. . . ." WHITEHEAD